Rule discusses general jurisdiction of the agency.

 

FLORIDA COMMISSION ON OFFENDER REVIEW

RULE NO.:RULE TITLE:

23-21.001General

PURPOSE AND EFFECT: Rule discusses general jurisdiction of the agency.

SUMMARY: The rule is being repealed since it is duplicative of the statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) there is no requirement for SERC triggered under § 120.541(1), F.S., and 2) based on direct past experiences with agency rules, there are no adverse impacts or regulatory costs as defined by § 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 947.07 FS.

LAW IMPLEMENTED: 947.06, 947.23 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sarah J. Rumph, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

23-21.001 General.

(1) The Commission shall be known as the Florida Commission on Offender Review and Control Release Authority. There is no right to parole or control release in the State of Florida. Pursuant to Article IV, Section 8, Florida Constitution, the Commission may grant paroles or conditional releases to persons under sentence for crimes who are eligible for consideration. The Commission can also, as the Control Release Authority, establish control release dates for statutorily eligible inmates. The Commission can also require periods of supervision in conjunction with any release ordered by the Commission including Conditional Medical Release. The Commission may rescind an unexecuted order granting parole, and may revoke paroles, conditional releases, control releases, addiction recovery or conditional medical releases based upon violation of any of the specified conditions of release.

(2) Gender-specific language includes the other gender and neuter.

Rulemaking Authority 120.53, 947.06, 947.07, 947.20, 960.001(1)(d)3. FS. Law Implemented 120.53, 947.23, 947.06, 960.001 FS. History–New 9-10-81, Formerly 23-21.01, Amended 1-26-93, 1-5-94, 8-16-94, 8-17-06, 3-31-10, Repealed                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarah J. Rumph, [phone], [e-mail]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Tena M. Pate

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 16, 2015